By overstaying your B1/B2 visa, you have put yourself in a legal bind. Ideally, if you are in the US and entered legally, you should be able to apply for adjustment of status after you won the DV. However, in order to apply for adjustment of status, you normally must be in legal status to apply. Unless you qualify for one of the few exceptions, adjustment of status does not appear to be an option for you. The other way to get your residency is to return to your home country to apply for an immigrant visa. However, by overstaying your B1/B2 status by 11 months, you have become subject to the 3-year bar under INA sec. 212(a)(9)(B)(i)(I), which makes you inadmissible to the US for 3 years unless you apply for and are granted a waiver on form I-601. To qualify for the waiver, you must establish extreme hardship to a spouse and/or parent(s) who are US citizens or residents.
Answered on May 10th, 2013 at 3:21 AM